양수금
1. The plaintiff's lawsuit against the bankruptcy trustee A, a stock company A, shall be dismissed;
2. Defendant C shall be the Plaintiff.
The summary of the case is the case where the plaintiff who has taken over the principal and interest of bonds against the bankrupt company A (hereinafter referred to as the "Bankruptcy Company") sought payment of the principal and interest of bonds against the bankruptcy trustee of the defendant bankruptcy company and the defendant C, who is a joint guarantor of the bankrupt company, and the sales contract between the defendant C and the defendant D (hereinafter referred to as the "the apartment of this case") on the real estate stated in the separate sheet between the defendant C and the defendant D is seeking restitution
This part of the lawsuit is to examine the legitimacy of the lawsuit on the bankruptcy trustee of the defendant bankruptcy company.
According to the records, the bankruptcy company was declared bankrupt on June 24, 2014 (Seoul District Court 2014Hanhap6), and the lawsuit of this case was filed on July 23, 2014, which was later.
No bankruptcy claim shall not be exercised without resorting to bankruptcy procedures.
(Article 424 of the Debtor Rehabilitation and Bankruptcy Act). It is not allowed for a plaintiff who is a bankruptcy creditor to exercise individual rights on the claim taken over of this case by means of a performance lawsuit which is not a participation in bankruptcy proceedings based on a report on claim.
Therefore, the plaintiff's lawsuit against the bankruptcy trustee of the defendant bankruptcy company is unlawful.
On March 28, 2012, Hyundai Securities Co., Ltd. (hereinafter referred to as "on-site securities") acquired bonds with no guarantee privately offered amount of KRW 2 billion at par value at the first time issued by the bankruptcy company on March 28, 2012 on the premise that the claim against Defendant D is determined.
According to the above bond acquisition contract, when the bankrupt company has lost the benefit of the deadline, 15% interest per annum on the principal and interest of the bonds shall be paid for the lapse of the period from the date of loss of the deadline to the actual payment date, and all legal procedures, such as the cost of mortgage preservation incurred by the bankrupt company due to its failure to pay the principal and interest of the bonds